Disposed

Ashish Singh and 4 Ors. v. State of U.P. and 3 Ors.

Allahabad HC2 May 2018CRLP/11228/2018

Case brief

AI extract

What is this about?

The Court did not quash the FIR against the petitioners. However, invoking Supreme Court precedents, it directed that the petitioners should not be arrested until the police report is submitted, while ensuring their participation in the investigation.

What did the court decide?

The petitioners shall not be arrested until the submission of the police report under Section 173(2) Cr.P.C.

Ashish Singh and 4 Ors. Vs State of U.P. and 3 Ors. — Allahabad HC (2018) — LawSathi Research

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11228 of 2018

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Petitioner :- Ashish Singh And 4 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ajay Kumar Srivastava,Atul Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0219 of 2018, under Sections- 323, 504, 313, 498-A, 304-B IPC & 3/4 D.P. Act, P.S.Shivpur, district- Varanasi.

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Learned counsel for the petitioners submitted that petitioner no.1 is the husband; petitioner no.2 is father-in-law, petitioner no.3 is mother-in-law, petitioner no.4 is married nanad and petitioner no.5 is nanad of the deceased; marriage is of the year 2017; as per FIR the wife had committed suicide by consuming poison at her own sister's house and it is difficult to say that as to what was the exact reason for committing suicide; the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.

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Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.

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Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.

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However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of

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police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.

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With the aforesaid observations, the instant writ petition is finally disposed of.

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Order Date :- 2.5.2018 Radhika

Ashish Singh and 4 Ors. v. State of U.P. and 3 Ors.

Case brief

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Ashish Singh and 4 Ors. v. State of U.P. and 3 Ors.

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